All tenders and quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Acceptance of delivery shall be conclusive evidence of acceptance of these terms and conditions.
Quotations are submitted on the understanding that goods supplied will be invoiced at prices ruling at the date of dispatch unless otherwise agreed.
In accordance with our aim to consistently improve our products we reserve the right to modify or amend without notice the specification of any of our products
1.3 Conditions of Sale
Any contract of sale between this company and a customer will be subject to these conditions and the placing of an order with this company shall be deemed to be an acceptance by the customer of these conditions. Any terms or conditions appearing in any document issued by the customer shall have no effect. No variation of any of these conditions shall be binding on this company unless expressly accepted by this company in writing. All photographs, pictures and illustrations shown are for information purposes only. Actual products delivered may vary from those shown but will be in accordance with the specification as described.
Prices to be charged will be those ruling at the date of the dispatch of the material, unless otherwise stated. Prices given in any quotation are those ruling at the date of the quotation and are given for guidance only. All prices are subject to alteration without notice.
Orders placed on the internet qualify for a 10% discount.
1.5 Online Payment
All payments shall be made in advance of goods manufacture and dispatch
1.6 Retention of Title
1.6.1 Risk in the goods shall pass to the customer immediately on delivery to the customer or into custody on the customer’s behalf whichever is the sooner.
1.6.2 Notwithstanding delivery, the goods shall remain the property of the Company (which reserves the right to dispose of this contract) until the Company has received payment of the full price of:
a) All goods the subject and
b) All other goods supplied by the Company to the customer under any other contract whatsoever.
1.6.3 The customer shall nevertheless be entitled to deal with the goods in the ordinary course of business provided that:
a) the customer shall not purport to dispose of property in the goods until delivery to its own customer.
b) the customer shall first dispose of the goods that it has paid for and any payments received by the Company from the customer shall first be appropriated to goods disposed of by the customer.
c) If the goods are altered or any goods become attached to the goods or if any part of the goods is replaced, such other goods or replacement parts shall accede to and from part of the goods and such attachment or replacement shall not affect the Company’s property in the goods.
1.6.4 Until property in the goods passes to the customer the customer shall hold the goods as bailee for the Company and shall store the goods in such a way that they are readily identifiable as the property of the Company.
1.6.5 If payment of the price or any part of it under this or any other contract is overdue or if the customer is in breach of any contractual term of this or any other contract with the Company or if a Receiver is appointed over all or any part of the undertaking of the customer or commences to be wound up or becomes bankrupt, then (without notice):
a) All sums payable by the customer to the Company under this or any other contract shall become immediately due and payable.
b) The customer shall cease to be entitled to sell, use in manufacture or otherwise deal with the goods.
c) The Company shall be entitled to recover and resell the goods (without prejudice to its right to damages) and for that purpose the customer hereby irrevocably grants the Company its servants or agents a licence to enter upon the customer’s premises for the purpose of removing the goods.
d) The Company shall be entitled to stop all further deliveries of goods to the customer under this or any other contract.
1.6.6 If any of the foregoing provisions shall be invalid or unenforceable such invalidity or unenforceability shall not affect the remaining provisions.
1.7 Defective Material
1.7.1 This Company shall not be liable to the customer for any consequential or special loss or damage or any loss of profit suffered by the customer by reason of any defect or errors in quality or measurement of goods supplied.
1.7.2 Any goods returned to this company by the customer at its own expense within seven days of the receipt, thereof by the customer, and which are found on examination by this company to be defective in quality or measurements. Will be replaced by this company free of charge but that will be the limit of this company's liability
1.8 Customer’s Material
If the If this company agrees to carry out work on customer's own material, or to store customers' goods after an invoice has been presented for the goods, such material or goods will be held at the customer's risk and this company will not be responsible for the damage by accident, fire, flood, deterioration or any other cause.
1.9.1 Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company
1.9.2 The company’s liability whether in respect of one claim or in aggregate arising out of any contract shall not exceed the purchase price payable under the contract.
1.10 Force Majeure
If the manufacture or delivery of any material ordered by the customer, shall be prevented or delayed, directly or indirectly by fire, weather conditions, war (whether formerly declared or not) civil disturbance, strikes, industrial dispute or shortage of materials, or by any other cause outside the complete control of this company. This company shall be entitled to extend the period for the delivery of the materials for such reasonable period as may in the opinion of the company be sufficient to enable the delivery to be made. If this company does so elect, the buyer shall not be entitled to cancel the contract nor to receive any compensation of the resultant delay.
1.11 Law Applicable
All contracts are deemed to be entered into in England and shall be governed and construed in accordance with English Law. James Gilbert and Son Ltd reserves the right to alter designs and specifications without prior notice
2.1 Delivery Rates
For all online decorative grille orders (woven, regency and perforated) for delivery within mainland UK (excluding the Scottish Highlands) our standard delivery rates apply:
a) 1-15 square feet £19.00 (excluding VAT)
b) 15 - 24.99 square feet £24.00 (excluding VAT)
c) 25 - 34.99 square feet £29.00 (excluding VAT)
d) 35 - 44.99 square feet £34.00 (excluding VAT)
e) 45 - 54.99 square feet £39.00 (excluding VAT)
f) 55 - 64.99 square feet £44.00 (excluding VAT)
g) 65 - 100 square feet £54.00 (excluding VAT)
A courier quote will need to be obtained for the following:
a) Online decorative grille orders over 100 square feet
b) All non-decorative grille orders
2.2 Despatch Timeframe
Our standard despatch timeframe is 10 - 15 business days following receipt of payment, although the company will endeavour to improve on this timescale where possible. If for some reason the company is not able to deliver within 15 days following receipt of payment you will be informed and asked how you would like to proceed (i.e. wait, accept a substitute or cancel).
The time of delivery in relation to any consignment or series of consignments is estimated as accurately as possible. This company will do its best to meet the requirements of the customer as to time of delivery as requested by the customer but no guarantee or warranty as to time of delivery is given or implied.
2.3 Site Delivery
Where customers request deliveries to sites on or by a specific date, this company will do its best to meet such requirements but the company cannot give any guarantee nor can any claims be accepted on account of late deliveries. This is because our transport service, although normally reliable, is subject to various contingencies beyond our control, including road and weather conditions, breakdowns, accidents, delay in unloading at customer's premises, etc. Furthermore, we are sometimes in the hands of outside transport contractors over whom we do not have direct control. Customers are strongly advised, therefore, not to send labour to sites without first ensuring that the goods have been delivered to the desired location.
2.4 International Orders – Duties and Taxes
Investigation of any possible taxes and duties that may be incurred through international transit are a matter for the customer. Any customs duties and taxes that may be incurred through international transit of purchased goods will be billed to the customer by the appropriate bodies.
2.5 Damage or Loss in Transit
Where goods are sent carriage paid the Company will replace free of charge goods damaged or lost in transit provided that written notification is given to the Company within three days of delivery or in the case of total non-delivery notice is given to the Company within seven days of the date of notice of dispatch.
The customer shall inspect the goods immediately on arrival thereof and shall note shortages or damage on the delivery note and give written notice to the delivery, with full details of the claim, within seven days from such arrival. If the customer should fail to give such notice within the said period the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for them accordingly.
- CANCELLATION AND VARIATION
3.1 Cancellation of any order cannot be accepted, or goods returned for credit, unless previously agreed in writing by the Company
3.2 No variation of any order shall be binding upon the Company unless the same shall be agreed in writing
3.3 Stock items returned by agreement with the Company shall be subject to a re-stocking charge. The cost of carriage return shall be borne by the customer.
3.4 The rights to return the goods to us as referred to in clause 4 (1) will not apply in the event that the product has been used or to any products that we have made or customised specifically for you
- REFUND POLICY
If you are not completely satisfied with your purchase, we will happily exchange/refund any unused, unassembled items returned in their original condition and packaging.
If you return the item(s) unused and unassembled in their original condition and packaging with the original paid invoice or web transaction email receipt within 7 working days we will exchange the item or issue a refund based on the original method of payment. You will receive a full refund of the item price paid.
If you return the item unused, without the original receipt we will exchange the returned product at the current selling price.
NOTE: Orders that have been made to measure/order, special order, cut, mixed, made or modified to your requirements cannot be exchanged or refunded.
If the product you purchased is faulty, or not as described, we may offer an exchange, refund or repair as appropriate.
YOUR LEGAL RIGHTS ARE NOT AFFECTED
Please do not return any item before contacting us first with details in writing:
4.2 Fax us on: 0208 746 1393 or
4.3 Write to us at: James Gilbert and Son, 129 The Vale, Acton, London, W3 7RQ
Returns information will then be issued to you.
We respect your privacy!!
We do not pass on your information to any party not involved with the necessary processing of your order or enquiry.
Any and all the information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless we are required by law to do so. Any information you provide will be held with the utmost care and will not be used in ways that you have not consented to.
If you believe that any information we are holding on you is incorrect or incomplete, please email us at firstname.lastname@example.org or write to us at the address below:
James Gilbert and Son
129 The Vale